Bharatiya Nyaya Sanhita, 2023 · Section 106

BNS 106: earlier IPC 304A

Section 106 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 304A of the Indian Penal Code, 1860. BNS 106 deals with causing death by negligence. 106(2) is new. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 106 was IPC 304A.

Causing death by negligence. · 106(2) is new.

Carried over
90% of the old wording kept
Old · IPC 1860 · Ch. XVI
s. 304A
Causing death by negligence
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
Text from the official India Code PDF
New · BNS 2023 · Ch. VI
s. 106
Causing death by negligence.
(1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.
Text from India Code
Old classification · CrPC First Schedule, for IPC 304A
CognizableCognizable
BailableBailable
PunishmentImprisonment for 2 years, or fine, or both.
Triable byMagistrate of the first class.
For an offence under the BNS, check the First Schedule of the BNSS.

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